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THE COURT FEES ACT, 1870
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
Extent of Act. Commencement of Act.
1A. Definition of “appropriate Government”.
CHAPTER II
FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES
AT THE PRESIDENCY-TOWNS
as courts of reference and revision.
(i) for money.
(ii) for maintenance and annuities .
(iii) for other movable property having a market-value.
(iv) (a) for movable property of no market-value.
(b) to enforce a right to share in joint family property.
(c) for a declaratory decree and consequential relief.
(d) for an injunction.
(e) for easements.
(f) for accounts.
(v) for possession of land, houses and gardens.
Proviso as to Bombay Presidency.
for houses and gardens .
(vi) to enforce a right of pre-emption.
(vii) for interest of assignee of land-revenue.
1
SECTIONS
(viii) to set aside an attachment.
(ix) to redeem.
to foreclose.
(x) for specific performance .
(xi) between landlord and tenant.
CHAPTER IIIA
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
19A. Relief where too high a court-fee has been paid.
19B. Relief where debts due from a deceased person have been paid out of his estate.
19C. Relief in case of several grants.
19D. Probates declared valid as to trust-property though not covered by court-fee.
19E. Provision for case where too low a court-fee has been paid on probates, etc.
19F. Administrator to give proper security before letters stamped under section.
19G. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of underpayment.
19H. Notice of applications for probate or letters of administration to be given to Revenue-authorities, and procedure thereon.
19-I. Payment of court-fees in respect of probates and letters of administration.
19J. Recovery of penalties, etc.
19K. Sections 6 and 28 not to apply to probates or letters of administration.
CHAPTER IV
PROCESS-FEES
2
CHAPTER IV
PROCESS-FEES
SECTIONS
CHAPTER V
OF THE MODE OF LEVYING FEES
CHAPTER VI
MISCELLANEOUS
SCHEDULE I.— AD VALOREM FEES
TABLE OF RATES OF AD VALOREM FEES LEVIABLE ON THE
INSTITUTION OF SUITS.
SCHEDULE II. — FIXED FEES.
SCHEDULE III. — FORM OF VALUATION.
ANNEXURE A.— VALUATION OF THE MOVABLE AND IMMOVABLE
PROPERTY OF DECEASED.
A NNEXURE B.—SCHEDULE OF DEBTS, ETC.
3
THE COURT-FEES ACT, 1870
ACT NO. 7 OF 18701
[11th March, 1870.]
CHAPTER I
PRELIMINARY
Extent of Act. —It extends to the whole of India except 2[the territories which, immediately before the 1st November, 1956, were comprised in Part B States];
Commencement of Act. —And it shall come into force on the first day of April, 1870.
3[1A. Definition of “appropriate Government”.—In this Act “the appropriate Government” means, in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government.]
It has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965) to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., and to the whole of Union territory of Lakshadweep by Reg. 8 of 1953, s. 3 and Sch., with modification (w.e.f. 1-10-1967).
It has b een a mended i n— Ajmer-Merwara by Act 31 of 1930;
Assam by Assam Acts 4 of 1922, 3 of 1932, 18 of 1947, 8 of 1950, 27 of 1954 22 of 1955, 3 of 1958, 19 of 1958, 12 of 1960 and 28 of 1972;
Bengal by Bengal Acts 3 of 1898, 4 of 1922, 6 of 1922, 7 of 1935, 11 of 1935 and 3 of 1941; Bihar by Bihar Acts 17 of 1939 and 7 of 1958.
Bihar and Orissa by B. & O. Act 2 of 1922;
Bombay by Bombay Acts 2 of 1932 and 15 of 1943;
C.P. by C.P. Act 16 of 1935;
C.P. and Berar by C.P. and Berar Acts 9 of 1938, 16 of 1940, 9 of 1941, 5 of 1945 and 7 of 1948 and M.P. Acts 4 and 38 of 1950, 13 and 22 of 1951 and 9 of 1953;
Himachal Pradesh by H.P. Act 4 of 1952;
Madras by Madras Acts 5 of 1922 and 17 of 1945;
Orissa by Orissa Acts 5 of 1939, 4 of 1945, 13 of 1957, 12 of 1974 and 55 of 1975;
Punjab by Act 17 of 1887 and Punjab Acts 7 of 1922, 1 of 1942, E.P. Act 26 of 1949 and Pun. Act 31 of 1953,19 of 1957, 20 of 1960 and 9 of 1979;
U.P. by U.P. Acts 12 of 1922, 3 of 1933, 2 of 1936, 19 of 1938, 9 of 1941, 14 of 1942, 8 of 1943, 5 of 1944, 14 of 1948, 28 of 1957, 10 of 1959, 34 of 1970 and 9 of 1975;
Andaman and Nicobar Islands by Reg. 2 of 1957;
Meghalaya by Meghalaya Acts 2 of 1973 and 5 of 1973;
Madhya Pradesh by Madhya Pradesh Acts 24 of 1975 and 4 of 1976; Delhi by Central Act 28 of 1967; and
Haryana by Haryana Acts 11 of 1974 and 22 of 1974.
The Act has been repealed in its application to Bombay area and Coorg district of Mysore by Mysore Act 16 of 1958.
It has been replaced in part in partially excluded areas in Madras and Koraput by Madras Reg. 6 1940 and Orissa Reg. 7 of 1943, respectively.
The A.O. 1937 rep. s. 2 as in force elsewhere than in Bengal. In that Province the section subs. by the Court-fees (Bengal Amendment) Act, 1935 (Ben. 7 of 1935), s. 3 contains definitions of “appeal”, “Chief Controlling Revenue-authority”, “Collector” and “Suit”.
4
CHAPTER II
FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES
AT THE PRESIDENCY-TOWNS
or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14,3*** 20 and 21 of the second, schedule to this Act annexed;
Levy of fees in Presidency Small Cause Courts.—and the fees for the time being chargeable in the Courts of Small Causes at the 4presidency-towns, and their several offices;
shall be collected in manner hereinafter appearing.
or in the exercise of its extraordinary original criminal jurisdiction;
In their appellate jurisdiction.—or in the exercise of its jurisdiction as regards appeals from the 5[judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the Court) of one] or more Judges of the said Court, or of a Division Court;
or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;
As Courts of reference and revision.—or in the exercise of its jurisdiction as a Court of reference or revision;
unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee for such document.
When any such difference arises in any of the said Courts of Small Causes, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the first Judge of such Court.
The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section.
5
CHAPTER III
FEES IN OTHER COURTS AND IN PUBLIC OFFICES
for money.—(i) In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)—according to the amount claimed.
for maintenance and annuities.—(ii) In suits for maintenance and annuities or other sums payable periodically—according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year:
for other movable property having a market-value.— (iii) In suits for movable property other than money, where the subject-matter has a market-value—according to such value at the date of presenting the plaint;
(iv) In suits—
for movable property of no market-value.—(a) for movable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title,
to enforce a right to share in joint family property.—(b) to enforce the right to share in any property on the ground that it is joint family property,
for a declaratory decree and consequential relief.—(c) to obtain a declaratory decree or order, where consequential relief is prayed,
for an injunction.—(d) to obtain an injunction,
for easements.—(e) for a right to some benefit (not herein otherwise provided for) to arise out of land, and
for accounts.—(f)) for accounts—
according to the amount at which the relief sought is valued in the plaint or memorandum of appeal :
In all such suits the plaintiff shall state the amount at which he values the relief sought 1***:
for possession of land, houses and gardens.—(v) In suits for the possession of land, houses and gardens—according to the value of the subject-matter; and such value shall be deemed to be—
where the subject-matter is land, and—
(a) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government,
or forms part of such an estate and is recorded in the Collector’s register as separately assessed with such revenue,
and such revenue is permanently settled—
6
ten times the revenue so payable:
(b) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such estate and is recorded as aforesaid;
and such revenue is settled, but not permanently—
five times the revenue so payable:
(c) where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue,
and nett profits have arisen from the land during the year next before the date of presenting the plaint—
fifteen times such nett profits:
but where no such nett profits have arisen therefrom— the amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood :
(d) where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed as above-mentioned—the market-value of the land:
Proviso as to Bombay Presidency.—Provided that, in the 1territories subject to the Governor of Bombay in Council, the value of the land shall be deemed to be—
(1) where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to Government—a sum equal to five times the survey-assessment;
(2) where the land is held on a permanent settlement, or on a settlement for any period exceeding thirty years, and pays the full assessment to Government—a sum equal to ten times the survey-assessment; and
(3) where the whole or any part of the annual survey-assessment is remitted— a sum computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in addition to ten times the assessment, or the portion of assessment, so remitted;
Explanation.—The word “estate”, as used in this paragraph, means any land subject to the payment of revenue, for which the proprietor or a farmer or raiyat shall have executed a separate engagement to Government, or which, in the absence of such engagement, shall have been separately assessed with revenue:
for houses and gardens.—(e) Where the subject-matter is a house or garden according to the market-value of the house or garden:
to enforce a right of pre-emption.—(vi) In suits to enforce a right of pre-emption according to the value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect of which the right is claimed:
for interest of assignee of land revenue.—(vii) In suits for the interest of an assignee of land revenue—fifteen times his nett profits as such for the year next before the date of presenting the plaint;
to set aside an attachment.—(viii) In suits to set aside an attachment of land or of an interest in land or revenue—according to the amount for which the land or interest was attached:
Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest.
to redeem.—(ix) In suits against a mortgagee for the recovery of the property mortgaged,
to foreclose.—and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute—
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according to the principal money expressed to be secured by the instrument of mortgage :
for specific performance.—(x) In suits for specific performance—
(a) of a contract of sale—according to the amount of the consideration :
(b) of a contract of mortgage—according to the amount agreed to be secured :
(c) of a contract of lease—according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term :
(d) of an award—according to the amount or value of the property in dispute :
between landlord and tenant.— (xi) In the following suits between landlord and tenant:-
(a) for the delivery by a tenant of the counterpart of a lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
1[(cc) for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy,]
(d) to contest a notice of ejectment,
(e) to recover the occupancy of 2[immovable property] from which a tenant has been illegally ejected by the landlord, and
according to the amount of the rent of the 2[immovable property] to which the suit refers, payable for the year next before the date of presenting the plaint.
fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the 3acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.
(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.
4* * * * *
8
the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer.
Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.
(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and the provisions of section 10, paragraph (ii), shall apply.
Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.
receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before 4such day.
Refund where Court reverses or modifies its former decision on ground of mistake.— Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorising him to receive back from the Collector so much of the fee paid on the 5[application] as exceeds the fee payable on any other application to such Court under the second schedule to this Act, No. 1, clause (b) or clause (d).
But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.
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Nothing in the former part of this section shall be deemed to affect the power conferred by the 1Code of Civil Procedure, section 9.
18.Written examinations of complainants.—When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police-officers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the Code of Criminal Procedure, the complainant shall pay a fee of eight annas, unless the Court thinks fit to remit such payment.
(i) Power-of-attorney to institute or defend a suit when executed 2[by a member of any of the Armed Forces of the Union] not in civil employment.
3* * * * *
( iii ) Written statements called for by the Court after the first hearing of a suit.
4* * * * *
(v) Plaints in suits tried by 5village Munsifs in the Presidency of Fort St. George.
(vi) Plaints and processes in suits before District Panchayats in the same residency.
(vii) Plaints in suits before Collectors under Madras Regulation 12 of 1816.
(viii) Probate of a will, letters of administration, 6[and, save as regards debts and securities a certificate under Bombay Regulation 8 of 1827], where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees.
(ix) Application or petition to a Collector or other officer making a settlement of land-revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement.
(x) Application relating to a supply for irrigation of water belonging to Government.
(xi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently.
(xii) Application for service of notice of relinquishment of land or of enhancement of rent.
(xiii) Written authority to an agent to distrain.
(xiv) First application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a
10
document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court.
(xv) Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances for personal appearance or otherwise.
(xvi) Petition, application, charge or information respecting any offence when presented, made or laid to or before a police-officer, or to or before the 1Heads of Villages or the 2Village Police in the territories respectively subject to the Governors in Council of Madras and Bombay.
(xvii) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers.
(xviii) Complaint of a public servant [as defined in the Indian Penal Code (45 of 1860)], a municipal officer, or an officer or servant of a Railway Company.
(xix) Application for permission to cut timber in Government forests, or otherwise relating to such forests.
(xx) Application for the payment of money due by Government to the applicant.
(xxi) Petition of appeal against the chaukidari assessment under 3Act No. 20 of 1856, or against any municipal tax.
(xxii) Applications for compensation under any law for the time being in force relating to the 4acquisition of property for public purposes.
(xxiii) Petitions presented to the Special Commissioner appointed under 5Bengal Act No. 2 of 1869 (to ascertain, regulate and record certain tenures in Chota Nagpur.).
[6 (xxiv) (Petitions under the Indian Christian Marriage Act, 1872 (15 of 1872), sections 45 and
48.]
7[CHAPTER IIIA
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
19A. Relief where too high a court-fee has been paid.—Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue-authority 8[for the local area] in which the probate or letters has or have been granted,
and delivers to such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation,
and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required,
the said Authority may—
(a) cancel the stamp on the probate or letters if such stamp has not been already cancelled;
“Petitions under the 14th and 15th of Victoria, Ch. 40 (an Act for marriages in India), s. 5, or under Act No. 5 of 1852, s. 9”.
11
(b) substitute another stamp for denoting the court-fee which should have been thereon; and
(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.
19B. Relief where debts due from a deceased person have been paid out of his estate.— Whenever it is proved to the satisfaction of such Authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act,
such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters.
But when by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear to be reasonable under the circumstances.
19C. Relief in case of several grants.—Whenever 1 *** a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate.
Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates.
19D. Probates declared valid as to trust property though not covered by court-fee.— The probate of the will or the letters of administration of the effects of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning, any movable or immovable property whereof or whereto the deceased we s possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration.
19E. Provision for case where too low a court-fee has been paid on probates, etc.—Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a court-fee thereon, the Chief Controlling Revenue-authority 2[for the local area] in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of grant, of five times, or, if it or they is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee originally paid on such probate or letters:
Provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and
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without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon.
19F. Administrator to give proper security before letters stamped under section 19E.—In case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained.
1[19G. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under-payment.—Where too low a court-fee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months 2*** after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten per cent. on the amount of the sum wanting to make up the proper court-fee.]
3[19H. Notice of applications for probate or letters of administration to be given to Revenue authorities, and procedure thereon.—(1) Where an application for probate or letters of administration is made to any Court other than a High Court, the Court shall cause notice of the application to be given to the Collector.
(2) Where such an application as aforesaid is made to a High Court, the High Court shall cause notice of the application to be given to the Chief Controlling Revenue-authority 4[for the local area in which the High Court is situated].
(3) The Collector within the local limits of whose revenue-jurisdiction the property of the deceased or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may require the petitioner to amend the valuation.
(4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector may move the Court before which the application for probate or letters of administration was made, to hold an inquiry into the true value of the property:
Provided that no such motion shall be made after the expiration of six months from the date of the exhibition of the inventory required by section 277 of the 5Indian Succession Act, 1865 (10 of 1865), or as the case may be, by section 98 of the 5Probate and Administration Act, 1881 (5 of 1881).
(5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry.
(6) For the purposes of any such inquiry, the Court or person authorised by the Court to hold the inquiry may examine the petitioner for probate or letters of administration on oath (whether in person or by commission), and may take such further evidence as may be produced
13
to prove the true value of the property. The person authorised as aforesaid to hold the inquiry shall return to the Court the evidence taken by him and report the result of the inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance with the report, unless it is satisfied that it is erroneous.
(8) The State Government may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3).]
1[19-I. Payment of court-fees in respect of probates and letters of administration.—(1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court a valuation of the property in the form set forth in the third schedule, and the Court is satisfied that the fee mentioned in No. 11 of the first schedule has been paid on such valuation.
(2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collector under section 19H, sub-section (4).]
1[19J. Recovery of penalties, etc.— (1) Any excess fee found to be payable on any inquiry held under section 19H, sub-section (6), and any penalty or forfeiture under section 19G, may, on the certificate of the Chief Controlling Revenue-authority, be recovered from the executor or administrator as if it were an arrear of land-revenue by any Collector 2***.
( 2) The Chief Controlling Revenue-authority may remit the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under section 19E or of any court-fee under section 19E in excess of the full court-fee which ought to have been paid.]
1[19K. Sections 6 and 28 not to apply to probates or letters of administration.—Nothing in section 6 or section 28 shall apply to probates or letters of administration.]]
CHAPTER IV
PROCESS-FEES
(i) The fees chargeable for serving and executing processes issued by such court in its appellate jurisdiction, and by the other Civil and Revenue Courts established within the local limits of such jurisdiction;
(ii) the fees chargeable for serving and executing processes issued by the Criminal Courts established within such limits in the case of offences other than offences for which police-officers may arrest without a warrant; and
( iii ) the remuneration of the peons and all other persons employed by leave of a Court in the service or execution of processes.
The High Court may from time to time alter and add to the rules so made.
Confirmation and publication of rules.—All such rules, alterations and additions shall, after being confirmed by the State Government 3***, be published in the Official Gazette, and shall thereupon have the force of law.
14
Until such rules shall be so made and published, the fees now leviable for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under this Act.
every District Judge and every Magistrate of a district shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court and each of the Courts subordinate thereto,
Number of peons in Mufassal Small Cause Courts.—and for the purposes of this section every Court of Smell Causes established under Act No. 11 of 1865 (to consolidate and amend the law relating to Courts of Small Causes beyond the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature)2 shall be deemed to be subordinate to the Court of the District Judge.
CHAPTER V
OF THE MODE OF LEVYING FEES
(a) the supply of stamps to be used under this Act;
(b) the number of stamps to be used for denoting any fee chargeable under this Act;
(c) the renewal of damaged or spoiled stamps; and
(d) the keeping accounts of all stamps used under this Act:
Provided that, in the case of stamps used under section 3 in a High Court, such rules shall be made with the concurrence of the Chief Justice of such Court.
All such rules shall be published in the Official Gazette, and shall thereupon have the force of law.
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